Hawkesbrook Leisure v The Reece-Jones Partnership

Hawkesbrook Leisure v The Reece-Jones Partnership

Hawkesbrook was carrying on a commercial enterprise with a view to making a surplus, and the inability to distribute profit to members does not preclude it from being a business under s.23 of the 1954 Act; thus, it is entitled to the protection afforded to business tenants.

Source-derived case information.

Parties
Claimant: Hawkesbrook Leisure Limited; Defendant: The Reece-Jones Partnership
Jurisdiction
England and Wales
Judgment Date
18 November 2003
Procedural Posture
Civil / Preliminary Issue Determination
Outcome
preliminary issue answered in the affirmative
Legal Topics
Business Tenancies, Statutory Interpretation, Non Profit Organisations, Security of Tenure
Landlord and Tenant Commercial Law Contract Law Business Tenancies Statutory Interpretation Non Profit Organisations Security of Tenure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hawkesbrook Leisure Limited

Claimant

The Reece-Jones Partnership

Defendant

Procedural Posture

Civil / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the claimant occupied the premises for the purposes of a business within the meaning of Part II of the Landlord and Tenant Act 1954 so as to be entitled to statutory protection

Ratio Decidendi

Hawkesbrook was carrying on a commercial enterprise with a view to making a surplus, and the inability to distribute profit to members does not preclude it from being a business under s.23 of the 1954 Act; thus, it is entitled to the protection afforded to business tenants.

Court Disposition

preliminary issue answered in the affirmative

Orders

  • The claimant is found to have occupied the premises for the purposes of a business within the meaning of Part II of the Landlord and Tenant Act 1954.